OUVRAGE : A. Jakubowski, K. Wierczyńska (eds.), Fragmentation vs the Constitutionalisation of International Law: A Practical Inquiry

Andrzej JAKUBOWSKI, Karolina WIERCZYNSKA

The current system of international law is experiencing profound transformations. Indeed, the simultaneous processes of globalization combined with the disintegration of international systems of governance and law-making pose complex challenges for legal scholarship. The doctrinal response to these challenges has been theorized within two seemingly contradictory discourses in international law: fragmentation and constitutionalisation.

This book takes an innovative approach to international law, viewing the processes of the fragmentation and constitutionalisation as being profoundly interconnected and reflective of each other. It brings together a select group of contributors, including both established and emerging scholars and practitioners, in order to explore the ways in which the problems of fragmentation and constitutionalisation are viscerally linked one to the other and thus mutually conditioning and stimulating. The book considers the theory and practice of international law looking at the two phenomena in relation to the various fields of international law such as international criminal law, cultural heritage law and international environmental law.


TABLE OF CONTENTS

Introduction
Andrzej Jakubowski, Karolina Wierczyńska

Part I. INTERNATIONAL CONSTITUTIONALISATION AS A CLAIM 

1. Constitutionalisation: A New Philosophy of International Law?
Jerzy Zajadło, Tomasz Widłak

2. From the Internationalisation of National Constitutions to the "Constitutionalisation" of International Law: The Role of Human Rights
Vassilis Tzevelekos, Lucas Lixinski

3. International Constitutionalism, Language in Legal Discourse, and the Functions of International Law Scholarship
Roman Kwiecień

4. The Creeping Constitutionalization and Fragmentation of International Law: From "Constitutional" to "Consistent" Interpretation
Maurizio Arcari

Part II. FRAGMENTATION OF INTERNATIONAL LAW AS A CHALLENGE TO ITS CONSTITUTIONALISATION 

5. The Paradoxes of Fragmentation – Does Regional Constitutionalisation Constitute a Fragmentation Threat to the International Legal Order?

François Finck

6. International Constitutionalisation of Protection of Privacy in the Internet – the Google Case Example
Krystyna Kowalik Banczyk

7. The "Revival" of Sovereignty via the Complementarity Regime and the ‘Doctrinal’ Idea of Responsibility to Protect; What about Constitutionalization?
Maria Varaki

8. Fragmentation of the Law of Targeting – A Comfortable Excuse or Dangerous Trap
Patrycja Grzebyk

9. The Rome Statute and the Debate Surrounding the Constitutionalization, Fragmentation and Pluralisation of International Criminal Law
Karolina Wierczyńska

Part III. CONSTITUTIONALISATION THROUGH FRAGMENTATION 

10. Justifying ‘Fragmentation’ and Constitutional Reforms of International Law in Terms of Justice, Human Rights and ‘Cosmopolitan Constitutionalism’
Ernst-Ulrich Petersmann

11. A Constitutionalised Legal Order – Exploring the Role of the World Heritage Convention (1972)
Andrzej Jakubowski

12. Constitutionalisation through Fragmented Adjudication
Mónika Ambrus

13. From Fragmentation to Coherence: a Constitutionalist Take on the Trade and Public Health Debates
Chien-Huei WU

14. Access to Environmental Justice for NGOs: Interplay Between the Aarhus Convention, the EU Lisbon Treaty, and the European Convention on Human Rights
Marjolein Schaap, Rubio Imbers

15. The ‘Reconciliatory Approach’ – An Interpretative Response to Harmonize International Environmental Law with other Specialised Areas of International Law
Britta Sjöstedt

Andrzej JAKUBOSKI, Karolina WIERCZYNSKA (eds.), Fragmentation vs the Constitutionalisation of International Law: A Practical Inquiry, London/New York, Routledge/Taylor & Francis Group, 2016 (292 pp.)

Andrzej Jakubowski is Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences. He has authored a monograph State Succession in Cultural Property (OUP, 2015) and edited a volume Cultural Rights as Collective Rights - An International Law Perspective (Brill, 2016).

Karolina Wierczynska is Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences where she serves as a managing editor of The Polish Yearbook of International Law. Her current research relates to the admissibility issues before the ICC.